What Must a Washington Lease Agreement Include in 2026?

What clauses are legally required in every Washington lease agreement?

To collect a security deposit, Washington requires the rental agreement to be in writing, to state the conditions under which the deposit may be kept, and to be accompanied by a written checklist describing the condition of the unit signed by both parties (RCW 59.18.260). A landlord who takes a deposit without the written checklist can be liable to the tenant for the deposit amount plus costs and fees. Beyond that, the lease should identify the parties, property, rent, and term, and it must not contain provisions waiving RLTA rights (RCW 59.18.230), which are void.

Washington security deposit rules — checklist, trust account, and 30-day return

Washington regulates deposits tightly:

• No statewide cap on the deposit amount (some cities, e.g. Seattle, cap deposit plus non-refundable fees at one month's rent).
• Move-in checklist required before any deposit is collected (RCW 59.18.260).
• Trust account + disclosure: the deposit must be held in a trust account with a bank or escrow agent in Washington, and the landlord must give a written receipt and disclose the name and address of the depository (RCW 59.18.270).
• Return within 30 days of the tenancy ending, with a full and specific written statement of the basis for any retained amount and documentation (copies of estimates/invoices) substantiating the charges (RCW 59.18.280, as amended by HB 1074 effective July 23, 2023 — up from the old 21 days). Bad-faith failure can expose the landlord to up to twice the deposit.

The 2025 statewide rent cap and 90-day rent-increase notice

In May 2025, Washington enacted HB 1217, becoming the third state (after Oregon and California) with statewide rent regulation:

• Rent-increase cap: annual increases are limited to the lesser of 7% + CPI or 10% per 12-month period. Manufactured/mobile-home lot rent is capped at 5%.
• No increase in the first 12 months of a tenancy.
• New construction is exempt for 12 years from the certificate of occupancy.
• Notice: rent increases now require 90 days' written notice (RCW 59.18.140), up from 60 — do not rely on the old 60-day figure. The notice must state the percentage increase and new rent.

For a deeper look at notice mechanics, see our late-fee and notice comparison, and confirm the current year's allowable cap figure, which the Department of Commerce publishes annually.

Late fees, grace period, and ending a Washington tenancy

Late fees: Washington does not set a statewide dollar or percentage cap, but no late fee may be charged for rent paid within five days of the due date (RCW 59.18.170). Late fees are not "rent" and cannot be demanded in a pay-or-vacate notice. Some cities (Seattle, Tacoma) cap late fees at $10/month.

Just cause to end a tenancy: Under RCW 59.18.650 a landlord may not terminate or refuse to renew a periodic/month-to-month tenancy without one of the enumerated causes, and the notice must state the cause. Common notice periods run from 20 to 90 days depending on the cause (owner move-in, sale, or demolition generally require 90 days). Wrongful eviction exposes the landlord to the greater of actual damages or three months' rent plus fees. The just-cause list and per-cause notice days are detailed and periodically amended — verify the current RCW 59.18.650 text before serving notice.

Nonpayment: a 14-day pay-or-vacate notice on the Washington Attorney General's mandatory form is required before filing (RCW 59.18.057); it may demand rent only, not fees.

What disclosures must Washington landlords provide?

Washington requires several disclosures and attachments at move-in:

• Move-in condition checklist (RCW 59.18.260) and deposit trust-account/bank disclosure (RCW 59.18.270).
• Mold information: the landlord must provide the Department of Health's indoor-mold information to new tenants (RCW 59.18.060).
• Fire safety / smoke detection: written notice of the smoke-detection device and the tenant's maintenance duty, signed by both parties; multifamily notices must also address sprinklers, alarms, smoking policy, and evacuation plans (RCW 59.18.060).
• Lead-based paint: federal disclosure and EPA pamphlet for pre-1978 housing.

What happens if a Washington lease is missing required terms?

Specific failures carry specific consequences:

• No move-in checklist: the landlord cannot lawfully keep the deposit and may owe the tenant the deposit amount plus costs (RCW 59.18.260).
• Missed 30-day return / no documentation: forfeits the right to retain and can expose the landlord to up to twice the deposit (RCW 59.18.280).
• Rent increase over the cap or with short notice: is unenforceable under HB 1217 / RCW 59.18.140.
• Terminating without just cause: is unlawful and carries damages of up to three months' rent plus fees (RCW 59.18.650).

Managing rentals in more than one state? Compare Washington's rules with our California and New York lease requirement guides.

Full Washington disclosure checklist

For a dedicated, statute-by-statute rundown of every notice a Washington landlord must give at signing, see our Washington required lease disclosures checklist.

Official sources

Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.

• RCW Ch. 59.18 (Residential Landlord-Tenant Act)
• Federal lead-based paint disclosure rule (Section 1018 of Title X; 42 U.S.C. § 4852d) — US EPA